The Right To Be Punished

Author: Gabriel Hallevy
Publisher: Springer Science & Business Media
ISBN: 364232388X
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Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so.

The Sources Of Moral Agency

Author: John Deigh
Publisher: Cambridge University Press
ISBN: 9780521556224
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2 On the right to be punished: Some doubts I Some doctrines outlive the systems
of philosophy that bear them. Such is the doctrine that a criminal has a right to be
punished for his crime. Born of Hegelian social philosophy, it still finds adherents
and sympathizers long after the death of its progenitor.1 The reason for its
independent life is not hard to make out. The doctrine captures for many the
uplifting thought that human society owes even its most inimical members respect
as ...


Author: Alan John Simmons
Publisher: Princeton University Press
ISBN: 9780691029559
Size: 77.68 MB
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... and observations about the ways in which these answers must be related to
one another, are well displayed in contemporary philosophical literature on
punishment. There is, however, a fourth way of understanding the question,
which is not so often touched on in the literature on punishment because it places
the question more squarely within the province of political philosophy. This
interpretation makes the question one about authority and the "right to punish."
What makes it just ...

Hegel S Ethical Thought

Author: Allen W. Wood
Publisher: Cambridge University Press
ISBN: 9780521377829
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Hegel explicitly rejects Cesare Beccaria's contractarian theory of punishment (PR
§ looR). But he does accept Beccaria's claim that punishment is based on the
criminal's consent to be punished: "What Lieccaria demands, that a man must
give his consent to be punished, is quite right; but the criminal already gives his
consent through his deed. It is the nature of the crime and the criminal's own will
that the violation proceeding from him should be canceled" (PR § tooA). Hegel
even ...

Rights Goods And Democracy

Author: Ramon M. Lemos
Publisher: University of Delaware Press
ISBN: 9780874133127
Size: 62.95 MB
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BEFORE we turn to consider various specific natural rights we shall examine a
certain response appropriate to certain violations of rights and culpable failures
to fulfill obligations. The response in question is punishment. Indeed, it may not
be too extreme to regard the right to punish as being itself a specific natural right.
Given, that is, that certain violations of rights and culpable failures to fulfill
obligations occur, certain people have a right to punish those guilty of such
violations and ...

Punishment Sentencing

Author: Mirko Bageric
Publisher: Cavendish Publishing
ISBN: 1843142465
Size: 62.65 MB
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The vacuousness of rights based theories and their propensity to confuse is no
more apparent than in the punishment debate where a 'right to be punished' has
been suggested. Morris (in a similar vein to Duff) declares that the right to be
punished stems from 'a right to be treated as a person which is a fundamental
human right belonging to all human beings by virtue of their being human. It is
also a natural, inalienable, and absolute right'.85 The right to punishment was
discussed at ...

Giving Desert Its Due

Author: Wojciech Sadurski
Publisher: Springer Science & Business Media
ISBN: 9401577064
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a more important right or “to prevent a catastrophe”. An alleged right which can
be overriden by a mere calculus of net gains is not a genuine right.” Now it
should be noted that this notion of rights as “trumps applies to a 'right to a system
of punishment but does not apply to a 'right to be punished'. As far as the latter is
concerned, the practices of amnesty, mercy or release on parole are examples of
situations when considerations of social good, expediency or humanitarianism
prevail ...

Responsibility And Punishment

Author: J. Angelo Corlett
Publisher: Springer Science & Business Media
ISBN: 9401598517
Size: 65.92 MB
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Punishment and Responsibility (Oxford: Oxford University Press, 1968). Hegel,
G. W. F. The Philosophy of the Right, F. M. Knox, Translator (Oxford: Oxford
University Press, 1942). Held, Virginia. "Can a Random Collection be Morally
Responsible?" The Journal of Philosophy, 67 (1970), pp. 471-80. . "Corporations,
Persons, and Responsibility," in Hugh Curtler, Editor, Shame, Responsibility, and
the Corporation (New York: Haven, 1986), pp. 159-181. Herman, Barbara. "
Feinberg on ...

The Police Power

Author: Markus Dirk Dubber
Publisher: Columbia University Press
ISBN: 0231506953
Size: 54.99 MB
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Frederic William Maitland, “England before the Conquest,” in Domesday and
Beyond: Three Essays in the Early History of England 220, 325 (1966) (1897);
see also Paul Vinogradoff, “Feudalism,” 3 Cambridge Medieval History 458, 479 (
1924) (villeins). Interestingly, Vinogradoff lists the right to be punished among the
consequences of the attribution of a soul and a will. Id. (“He was set in the stocks
and hanged for crimes.”). On the significance of the right to be punished as an
aspect ...

Victims In The War On Crime

Author: Markus Dirk Dubber
Publisher: NYU Press
ISBN: 0814771416
Size: 36.64 MB
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And even legislative norms that protect the rights of certain persons will not be
enforced without the requisite identification between state officials in the
executive and judiciary and these legislatively protected persons. Identification
thus is the prerequisite for vindication of the victim's rights (in particular, the right
to have punished). This much we can learn from the victims' rights movement. But
, and here we once again expand the victims' rights movement into a movement
for persons' ...